, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.7073/MUM/2011 ASSESSMENT YEAR 2007-08 BANSI S. MEHTA & COMPANY MERCHANT CHAMBERS, 3 RD FLOOR, 41, NEW MARINE LINES, MUMBAI-400020 / VS. JCIT, CIRCLE-11(2), MUMBAI ( !' # /ASSESSEE) ( $ / REVENUE) PA N. NO. AAAFB6405G !' # / ASSESSEE BY MS. K.R.GANDHI $ / REVENUE BY SHRI VIJAY KUMAR SONI-DR $% & # ' / DATE OF HEARING : 21/10/2015 & # ' / DATE OF ORDER: 21/10/2015 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 07/10/2011 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, UPHOLDING THE DISALLOWANCE OF A SUM OF RS.1,34,368/ - OUT OF THE INTEREST PAID TO THE PARTNERS OF RS.31,71,998/- INVOKING PROVISO TO SECTION 36(1)(III) OF THE INCOME TAX ACT , 1961 (HEREINAFTER THE ACT). BANSI S MEHTA & COMPANY ITA NO.7073/MUM/2011 2 2. DURING HEARING, THE LD. COUNSEL FOR THE ASSESSE E, MS. K.R. GANDHI, REQUESTED THE BENCH TO GRANT PERMI SSION TO WITHDRAW THE APPEAL DUE TO SMALLNESS OF AMOUNT INVO LVED. THE LD. DR, SHRI VIJAY KUMAR SONI, HAD NO OBJECTION TO THE REQUEST OF THE ASSESSEE. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IN VIEW O F THE ABOVE, SINCE, THE ASSESSEE WANTS TO WITHDRAW ITS AP PEAL AND THE LD. DR HAD NO OBJECTION, IF THE APPEAL OF THE A SSESSEE IS PERMITTED TO BE WITHDRAWN, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. FINALLY, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 21/10/2015. SD/- SD/- ( RAJESH KUMAR ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER % MUMBAI; ( DATED : 21/10/2015 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. *+,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. 0 0 1# ( *+ ) / THE CIT, MUMBAI. 4. 0 0 1# / CIT(A)- , MUMBAI 5. 3$4 .# , 0 *+' * 5 , % / DR, ITAT, MUMBAI BANSI S MEHTA & COMPANY ITA NO.7073/MUM/2011 3 6. 6! 7% / GUARD FILE. / BY ORDER, /3+# .# //TRUE COPY// / (DY./ASSTT. REGISTRAR) , % / ITAT, MUMBAI.